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(영문) 서울중앙지방법원 2017.05.22 2016나65826
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. Fact 1) The plaintiff on December 1, 1993, the Seoul Trust Bank (the trade name after the change: Seoul Trust Bank; hereinafter referred to as the "Seoul Bank").

2) On September 21, 1995, the Plaintiff entered into a membership agreement with the credit card holders and received credit cards. 2) The Plaintiff was granted a loan from the Seoul Bank with the interest and delay damages amounting to KRW 4,00,000 (hereinafter “No. 1”) on September 21, 1995, with the due date set on September 21, 1995.

3) After that, the Plaintiff lost the benefit of time by delaying the repayment of the above credit card use fee and each of the above loans. 4) Meanwhile, the Seoul Bank and Bochi Bank were established through a merger between the Seoul Bank and Bochi Bank, Inc. (hereinafter “one bank”). Accordingly, one bank succeeded to the entire credit card use fee and each of the above loans.

After that, around April 12, 2007, the above credit card use fee and each of the above loans were assigned to Korea EF&A Co., Ltd., and around May 23, 2007 to Korea Ef&A-based limited company specializing in Ef&A’s error securitization, and around September 3, 2009, to Q&A-based mutual savings banks, and to the Plaintiff on April 22, 2010. Each of the above claims assignment was notified to the Defendant at each time of the above assignment.

5) As of November 25, 2015, the above credit card payments and the debt balance of each credit card loans are KRW 40,938,300 in total as indicated below (i.e., principal KRW 5,519,475 plus interest KRW 35,418,825. The overdue interest rate is 19%.

Loans 1,606,710 won (19,273,108 won) 20,879,812,765 won (1,923,020 won) 11,335,785 won (2,00,000 won) 6,722,697 won (8,722,697 won) 5,519.

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